PROSECUTORS have lodged an appeal after a crown court judge ruled two Hampshire drivers were prosecuted for speeding under the wrong traffic law.

The Crown Prosecution Service (CPS) has made an application to Southampton Crown Court for the case to be sent to the High Court for consideration.

If the judge agrees to do this, the High Court will consider whether the original crown court appeal ruling was legally correct or not.

However, if Southampton Crown Court turns down the CPS's appeal application, the CPS can ask for a judicial review to be carried out.

Their action comes after the Daily Echo revealed how Barrie Wells, 62, of Shirley, Southampton and Michael Halliwell, 63, of Lymington, won their appeals against breaking the speed limit after it emerged they were prosecuted under the wrong section of traffic law.

Both men were caught speeding in a temporary 30mph zone in Redbridge Road in October 2004 put in place during a period of repair work. Despite arguing there was inadequate signage to suggest that the normal 50mph limit had been changed they were found guilty after a trial. However their convictions were overturned, fines reimbursed and penalty points cancelled after it emerged they were both prosecuted under the wrong section of traffic law. At appeal, the crown court ruled that both men were wrongly prosecuted under section 89 of the road traffic regulation act, for permanent speed limits, rather than section 16 for temporary speed restrictions.

It means that potentially hundreds of motorists prosecuted in the courts as a result of the same Redbridge Road speed camera during a four-month period in 2004 could have their convictions overturned. A CPS spokesman confirmed: "A decision has been made to appeal against the decision of the Crown Court and an application has been sent to the Crown Court as the first stage in that process"

Defence solicitor Barry Culshaw, who helped to prepare the drivers' victorious appeal hearing, said: "It's a matter now for the High Court. The Crown has a right to appeal. I will await the result with interest."